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General Assembly Raised Bill No. 5441
February Session, 2024
LCO No. 2519
Referred to Committee on ENERGY AND TECHNOLOGY
Introduced by:
(ET)
AN ACT CONCERNING UTILITY SHUTOFFS FOR CERTAIN
CUSTOMERS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (b) of section 16-262c of the 2024 supplement to 1
the general statutes is repealed and the following is substituted in lieu 2
thereof (Effective July 1, 2024): 3
(b) (1) From November first to May first, inclusive, no electric 4
distribution company, as defined in section 16-1, no electric supplier and 5
no municipal utility furnishing electricity shall terminate, deny or refuse 6
to reinstate residential electric service in hardship cases where the 7
customer lacks the financial resources to pay his or her entire account. 8
From November first to May first, inclusive, no gas company and no 9
municipal utility furnishing gas shall terminate, deny or refuse to 10
reinstate residential gas service in hardship cases where the customer 11
uses such gas for heat and lacks the financial resources to pay his or her 12
entire account, except a gas company that, between May second and 13
October thirty-first, terminated gas service to a residential customer 14
who uses gas for heat and who, during the previous period of 15 Bill No. 5441
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November first to May first, had gas service maintained because of 16
hardship status, may refuse to reinstate the gas service from November 17
first to May first, inclusive, only if the customer has failed to pay, since 18
the preceding November first, the lesser of: (A) Twenty per cent of the 19
outstanding principal balance owed the gas company as of the date of 20
termination, (B) one hundred dollars, or (C) the minimum payments 21
due under the customer's amortization agreement. Notwithstanding 22
[any provision of the general statutes] the provisions of this subdivision, 23
regardless of the month, no electric distribution or gas company, no 24
electric supplier and no municipal utility furnishing electricity or gas 25
shall terminate, deny or refuse to reinstate residential electric or gas 26
service where: [the] (i) The customer is a hardship case and lacks the 27
financial resources to pay his or her entire account; and [if] (ii) the 28
termination, denial of or failure to reinstate such service would create a 29
life-threatening situation for such customer or a member of such 30
customer's household. [No] Notwithstanding the provisions of this 31
subdivision, regardless of the month, no electric distribution or gas 32
company, no electric supplier and no municipal utility furnishing 33
electricity or gas shall terminate, deny or refuse to reinstate residential 34
electric or gas service where: [the] (I) The customer is a hardship case 35
and lacks the financial resources to pay his or her entire account; and (II) 36
a child not more than twenty-four months old resides in the customer's 37
household and such child has been admitted to the hospital and 38
received discharge papers on which the attending physician, physician 39
assistant or an advanced practice registered nurse has indicated such 40
service is a necessity for the health and well-being of such child. 41
(2) During any period in which a residential customer is subject to 42
termination, an electric distribution or gas company, an electric supplier 43
or a municipal utility furnishing electricity or gas shall provide such 44
residential customer whose account is delinquent an opportunity to 45
enter into a reasonable amortization agreement with such company, 46
electric supplier or utility to pay such delinquent account and to avoid 47
termination of service. Such amortization agreement shall allow such 48
customer adequate opportunity to apply for and receive the benefits of 49 Bill No. 5441
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any available energy assistance program. An amortization agreement 50
shall be subject to amendment on customer request if there is a change 51
in the customer's financial circumstances. 52
(3) As used in this section: [,] 53
(A) ["household income"] "Household income" means the combined 54
income over a twelve-month period of the customer and all adults, 55
except children of the customer, who are and have been members of the 56
household for six months or more; [,] and 57
(B) ["hardship case" includes, but is not limited to] "Hardship case" 58
means: (i) A customer receiving local, state or federal public assistance; 59
(ii) a customer whose sole source of financial support is Social Security, 60
United States Department of Veterans Affairs or unemployment 61
compensation benefits; (iii) a customer who is a head of [the] household 62
and is unemployed, and [the household] such household's income is less 63
than three hundred per cent of the poverty level determined by the 64
federal government; (iv) [a customer who is seriously ill or who has a 65
household member who is seriously ill; (v)] a customer whose income 66
falls below one hundred twenty-five per cent of the poverty level 67
determined by the federal government; and [(vi)] (v) a customer whose 68
circumstances threaten a deprivation of food and the necessities of life 69
for himself or dependent children if payment of a delinquent bill is 70
required. 71
(4) (A) Each gas company and electric distribution company shall 72
deduct an arrearage from the account of a residential customer of such 73
company if the customer (i) meets the income eligibility requirements of 74
the Connecticut energy assistance program or state appropriated fuel 75
assistance program; (ii) authorizes the gas or electric distribution 76
company to send a copy of the customer's monthly bill directly to any 77
energy assistance agency for payment; (iii) enters into and complies 78
with an amortization agreement, which agreement is consistent with 79
decisions and policies of the Public Utilities Regulatory Authority; and 80
(iv) is eligible for financial hardship programs with the gas or electric 81 Bill No. 5441
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distribution company. The amount of an arrearage deducted under this 82
subparagraph shall be equal to the customer's monthly payment 83
pursuant to an amortization agreement under this subdivision, 84
provided the customer meets the requirements of subparagraphs (A)(i) 85
to (A)(iv), inclusive, of this subdivision for the month immediately 86
preceding such payment. 87
(B) Each gas company and electric distribution company shall deduct 88
an arrearage from the account of a residential customer who meets the 89
requirements of subparagraphs (A)(i) to (A)(iv), inclusive, of this 90
subdivision in an amount equal to any payment such customer receives 91
from the Connecticut energy assistance program, state appropriated 92
fuel assistance program or other energy assistance sources. Such 93
deduction shall be in addition to any amount deducted pursuant to 94
subparagraph (A) of this subdivision. 95
(C) Notwithstanding the provisions of subdivision (7) of this 96
subsection, any amortization agreement under this subdivision shall 97
distribute customer payments over a period of twelve months, from 98
November first to October thirty-first, and shall create a monthly 99
payment that is affordable to the customer in accordance with the 100
decisions and policies of the authority. 101
(D) In no event shall the deduction of any amounts pursuant to this 102
subdivision result in a credit balance to the customer's account. No 103
customer shall be denied the benefits of this subdivision due to an error 104
by the gas or electric distribution company. If the customer fails to 105
comply with the terms of the amortization agreement, any decision of 106
the authority rendered in lieu of such agreement or the requirements of 107
subparagraphs (A)(i) to (A)(iv), inclusive, of this subdivision, the 108
company may terminate service to the customer, pursuant to all 109
applicable regulations, provided such termination shall not occur 110
between November first and May first. 111
(E) Each gas and electric distribution company shall submit to the 112
Public Utilities Regulatory Authority annually, on or before June first, 113 Bill No. 5441
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an implementation plan that shall include information concerning 114
amortization agreements, counseling, reinstatement of eligibility, rate 115
impacts and any other information deemed relevant by the authority. 116
The Public Utilities Regulatory Authority may approve or modify such 117
plan not later than one hundred twenty-seven days after receipt of the 118
plan. If the authority does not take any action on such plan by such date, 119
the plan shall automatically take effect at the end of such one-hundred-120
twenty-seven-day period, provided the authority may extend such 121
period for an additional thirty days by notifying the company before the 122
end of such one-hundred-twenty-seven-day period. The authority may 123
deny all or part of the recovery of costs incurred pursuant to this 124
subsection if it determines that the company seeking recovery has been 125
imprudent, inefficient or acting in violation of statutes or regulations 126
regarding amortization agreements. 127
(5) (A) All electric distribution and gas companies, electric suppliers 128
and municipal utilities furnishing electricity or gas shall collaborate in 129
developing, subject to approval by the Public Utilities Regulatory 130
Authority, standard provisions for the notice of delinquency and 131
impending termination under subsection (a) of section 16-262d. Each 132
such company and utility shall place on the front of such notice a 133
provision that the company, electric supplier or utility shall not effect 134
termination of service to a residential dwelling for nonpayment of 135
disputed bills during the pendency of any complaint. In addition, the 136
notice shall state that the customer is required to pay current and 137
undisputed bill amounts during the pendency of the complaint. (B) At 138
the beginning of any discussion with a customer concerning a 139
reasonable amortization agreement, any such company or utility shall 140
inform the customer (i) of the availability of a process for resolving 141
disputes over what constitutes a reasonable amortization agreement, (ii) 142
that the company, electric supplier or utility will refer such a dispute to 143
one of its review officers as the first step in attempting to resolve the 144
dispute, and (iii) that the company, electric supplier or utility shall not 145
effect termination of service to a residential dwelling for nonpayment of 146
a delinquent account during the pendency of any complaint, 147 Bill No. 5441
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investigation, hearing or appeal initiated by the customer, unless the 148
customer fails to pay undisputed bills, or undisputed portions of bills, 149
for service received during such period. (C) Each such company, electric 150
supplier and utility shall inform and counsel all customers who are 151
hardship cases as to the availability of all public and private energy 152
conservation programs, including programs sponsored or subsidized 153
by such companies and utilities, eligibility criteria, where to apply, and 154
the circumstances under which such programs are available without 155
cost. 156
(6) (A) The Public Utilities Regulatory Authority shall adopt 157
regulations in accordance with the provisions of chapter 54 to carry out 158
the provisions of this subsection. Such regulations shall include, but not 159
be limited to, criteria for determining hardship cases and for reasonable 160
amortization agreements, including appeal of such agreements, for 161
categories of customers. Such regulations may include the 162
establishment of a reasonable rate of interest that a company may charge 163
on the unpaid balance of a customer's delinquent bill and a description 164
of the relationship and responsibilities of electric suppliers to customers. 165
(B) Not later than October 1, 2025, the authority shall amend the 166
regulations adopted pursuant to subparagraph (A) of this subdivision, 167
to carry out the provisions of subparagraph (B) of subdivision (3) of this 168
subsection and subdivision (9) of this section. 169
(7) The Public Utilities Regulatory Authority may find that a 170
reasonable amortization agreement, other than a reasonable 171
amortization agreement under subdivision (4) of this subsection, is a 172
period of not more than thirty-six months, unless the authority 173
determines that a longer period is warranted. [Not later than October 1, 174
2024, the authority shall amend any regulations adopted pursuant to 175
subdivision (6) of this subsection to carry out the provisions of this 176
subsection.] 177
(8) The chairperson of the Public Utilities Regulatory Authority may 178
distribute not more than one million dollars in total each year to 179 Bill No. 5441
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organizations or individuals providing legal services with the express 180
purpose of attaining participation in public service company programs 181
designed to assist customers with utility bill or arrearage payments, 182
including negotiating a reasonable amortization agreement pursuant to 183
this subsection. Any funds distributed pursuant to this subdivision shall 184
be paid by all public service companies, in proportion to such 185
companies' annual load and the amount of services provided to end use 186
customers or revenue, as determined by the authority. 187
(9) An electric distribution or gas company, electric supplier or 188
municipal utility furnishing electricity or gas may terminate, deny or 189
refuse to reinstate residential electric or gas service for nonpayment to 190
any customer who: (A) Is ill, (B) has a household member who is ill, (C) 191
has a life-threatening situation, or (D) has a household member who has 192
a life-threatening situation, unless such company is prohibited from 193
terminating, denying or refusing to reinstate such service pursuant to 194
subdivision (1) of this subsection or subsection (b) of section 16-262d, as 195
amended by this act. 196
Sec. 2. Subsection (b) of section 16-262d of the general statutes is 197
repealed and the following is substituted in lieu thereof (Effective July 1, 198
2024): 199
(b) No such company, electric supplier or municipal utility shall 200
[effect termination of] terminate service for nonpayment [during such 201
time as] while any resident of a dwelling to which such service is 202
furnished is seriously ill, if: [the fact of such serious illness is certified to 203
such company, electric supplier or municipal utility by] (1) Such 204
resident is a hardship case, as defined in section 16-262c, as amended by 205
this act; and (2) a registered physician, a physician assistant or an 206
advanced practice registered nurse certifies the fact of such serious 207
illness to such company, electric supplier or municipal utility within 208
[such] a period of time after the mailing of a termination notice pursuant 209
to subsection (a) of this section [as] that the Public Utilities Regulatory 210
Authority [may] shall, by regulation adopted in accordance with the 211
provisions of chapter 54, establish, provided the customer to which such 212 Bill No. 5441
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service is billed agrees to amortize the unpaid balance of [his] such 213
customer's account over a reasonable period of time and keeps current 214
[his] such customer's account for utility service as charges accrue in each 215
subsequent billing period. 216
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2024 16-262c(b)
Sec. 2 July 1, 2024 16-262d(b)
ET Joint Favorable